                                 CODE OF VIRGINIA

CRITERIA FOR ISSUANCE OF PERMITS (§ 62.1-263)

When reviewing an application for a permit to withdraw ground water, or an
amendment to a permit, the Board may consider the nature of the proposed
beneficial use, the proposed use of alternate or innovative approaches such as
aquifer storage and recovery systems and surface and ground water conjunctive
uses, climatic cycles, unique requirements for nuclear power stations, economic
cycles, population projections, the status of land use and other necessary
approvals, and the adoption and implementation of the applicant&#8217;s water
conservation and management plan. In no case shall a permit be issued for more
ground water than can be applied to the proposed beneficial use.
		When proposed uses of ground water are in conflict or when available supplies
of ground water are insufficient for all who desire to use them, preference
shall be given to uses for human consumption, over all others.
		In evaluating permit applications, the Board shall ensure that the maximum
possible safe supply of ground water will be preserved and protected for all
other beneficial uses. The Board is authorized to utilize and incorporate
comprehensive groundwater, surface water, and aquifer data in its permit
application evaluation. Such data may include information relating to water
levels, flow rates, and water quality.
		In evaluating the available ground water with respect to permit applications
for new or expanded withdrawals in the Eastern Virginia or Eastern Shore
Groundwater Management Areas, the Board shall use the average of the actual
historical ground water usage from the inception of the ground water withdrawals
of a political subdivision or authority operating a ground water and surface
water conjunctive use system and shall not use the total permit capacity of such
system in determining such availability.

HISTORY: 1992, c. 812; 1994, cc. 513, 592; 2024, c. 251.